This section helps you understand and handle a variety of circumstances which result in the employment relationship coming to an end other than as a result of resignation or disciplinary action. In the table below, you will see a brief definition of each situation and links to more information, processes we use etc. In all these cases it’s advisable not to proceed without involving your manager and Organisational Development and Capability.
| Guidelines | Checklists and Documents |
|---|---|
| Restructuring and redundancy involves termination of employment which is attributable to the position filled by that team member becoming superfluous to the needs of Rotorua Lakes Council or substantially changed. | Restructuring proposal letter Disestablishment letter Notice of redundancy letter |
| Termination by mutual consent generally involves reaching an agreement that a team member leaves the RLC. Raises risks the team member subsequently argues they were dismissed or forced to resign. You should not discuss an agreed termination without first advising your manager and consulting Organisational Development and Capability. | |
| Abandonment of employment Where a team member is deemed to have terminated his/her employment because of a lengthy and unauthorised absence. Our employment agreements identify the minimum period required before someone can be deemed to have abandoned their employment. We need to make all reasonable efforts to contact the employee. | Abandonment of employment letter |
| Frustration of Contract Here the law recognises that, without default of either party, the contractual obligation has become incapable of being performed through a radical change in circumstances e.g. imprisonment or prolonged, indefinite absence due to illness or injury. | |
| Medical incapacity. A situation where we must address prolonged absence or partial incapacity of an employee for medical reasons e.g. ongoing illness, injury or age meaning the person is no longer fit for their current job. | Flowchart: Medical incapacity Medical assessment request letter Letter to medical practitioner Authority to provide medical opinion to RLC letter Medical termination letter |
| Retirement. In line with current legislation, there is no mandatory retirement age. Any decision by a team member to “retire” is a matter of individual choice based on their personal circumstances. The required notice period will be the same as if the team member were resigning. | |
| Constructive dismissal A situation where we, rather than actually dismissing a team member, force the person to resign by requesting their resignation or putting the team member in circumstances where he/she has no option but to resign. Can lead to a finding of unjustified dismissal. |